The court directed adherence to statutory provisions, emphasizing the necessity of providing an opportunity of hearing before constituting cooperative societies.

Order

1. The present writ petition has been filed under Article 226 & 227 of the Constitution of India with following prayers:-

“(a)- by an appropriate writ, order or direction, this writ petition may kindly be allowed with costs and the order cum Notice of meeting dated

11.01.2023 (Annexure-7) for convening the meeting on 31.01.2023 of the members of the Gram Panchayat, Manora for constitution of new Samiti in the name and style of Manora Gram Sewa Sahkari Samiti Limited be declared illegal and the same be quashed and set aside.

(b)- That if any other order or direction in pursuant to order cum Notice dated 11.01.2023 (Annexure- 7) is taken during the pendency of the writ petition, all the action and proceedings taken in view of it then the same may kindly also be quashed and set aside.

(c)- Any other appropriate order or direction, which this Hon'ble Court deem just and proper be passed in favour of the petitioners.

(d)- Costs of this writ petition may kindly be allowed to the petitioners .”

2. It has been asserted in the writ petition that the petitioner is a primary Agriculture Credit co-operative society registered under Section 6 of the Rajasthan Cooperative Societies Act, 2001 . A communication was made on 08.11.2022 between the Deputy Registrar, Sahkari Samiti, Sirohi and Managing Director, The Sirohi Central Cooperative Bank Limited, Sirohi wherein certain details were asked to be sent in order to assess the constitution of the proposed societies.

3. Learned counsel for the petitioner submits that the respondents have not adhered to Section 13 of the Rajasthan Cooperative Societies Act, 2001 (hereinafter The Act of 2001) and Rule 13 of The Rajasthan Cooperative Societies Rules, 2003 (hereinafter The Rules of 2003) wherein while passing the communication dated 08.11.2022, as no opportunity of hearing whatsoever was given to the proposed Sahkari Samities who are likely to be constituted in pursuance of communication dated 08.11.2022.

4. Learned counsel fort the respondent submits that by way of communication dated 08.11.2022 they called upon the details of the members of the societies in order to see whether the constitution of the proposed committees is feasable would be done in accordance with Section 13 of the Act of 2001 and Rule 13 of The Rules of 2003 made thereunder. He further submits that the writ petition is pre-mature as no final order has been passed by the respondents and they are at a stage of collecting the details of the members of the respective cooperative societies.

4. Learned counsel for the petitioner makes a limited prayer that in pursuance of the proposal made by the respondents in order to constitute the societies the respondents be directed to adhere to the Section 13 of the Act of 2001 and Rule 13 of The Rules of 2003.

5. Learned counsel for the respondent does not dispute the same.

6. This Court, deems it appropriate to direct the respondents to constitute the societies, if any, strictly in accordance with Section 13 of the Act of 2001 and Rule 13 of The Rules of 2003.

7. With the aforesaid direction, the writ petition is disposed of.

8. Stay petition and all pending applications, if any, also stand disposed of.